Mason v. Inhabitants of Winthrop
Massachusetts Supreme Judicial Court
Tort for personal injuries incurred on the evening of July 12, 1904, from stepping into a depression in the sidewalk of Charles Street in the town of Winthrop, which was alleged to be a defect in that highway. Writ dated July 28, 1904. In the Superior Court the case was tried before Richardson, J. The findings warranted by the evidence are described in the opinion.
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Tort for personal injuries incurred on the evening of July 12, 1904, from stepping into a depression in the sidewalk of Charles Street in the town of Winthrop, which was alleged to be a defect in that highway. Writ dated July 28, 1904. In the Superior Court the case was tried before Richardson, J. The findings warranted by the evidence are described in the opinion. At the close of ,the evidence the defendant, among other requests, asked the judge to instruct the jury as follows : “6. If the defect or want of repair complained of consisted of a depression in the asphalt about one and one half…
1Opinion of the CourtBraley, J.
The exceptions to the exclusion of evidence having been waived, the defendant’s remaining exceptions are confined to the refusal to give the sixth and tenth requests. In the discharge of the duty imposed by R. L. c. 51, § 1, the town was required to maintain the sidewalk where the plaintiff was injured, and which comprised a part of the highway, in a reasonably safe condition for public travel. Fitz v. Boston, 4 Cush. 365. Bodwell v. North Andover, 110 Mass. 511, n. Moynihan v. Holyoke, 193 Mass. 26. This issue, where the location and character of an alleged defect are in controversy,…
2Cases cited13 opinions
- Newton v. City of WorcesterMassachusetts Supreme Judicial Court · 1899
- George v. City of HaverhillMassachusetts Supreme Judicial Court · 1872
- Campbell v. City of BostonMassachusetts Supreme Judicial Court · 1905
- Marvin v. City of New BedfordMassachusetts Supreme Judicial Court · 1893
- Lamb v. City of WorcesterMassachusetts Supreme Judicial Court · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Barnes v. Berkshire Street Railway Co.Massachusetts Supreme Judicial Court · 1932
- Kai Jakobsen v. Massachusetts Port AuthorityCourt of Appeals for the First Circuit · 1975
- Winship v. City of BostonMassachusetts Supreme Judicial Court · 1909
- Whittaker v. Town of BrooklineMassachusetts Supreme Judicial Court · 1945
- Bowman v. City of NewburyportMassachusetts Supreme Judicial Court · 1941
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